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Research on External Supervision and Restriction Mechanism of Duty Crime Investigation Power

Author: ZhouZuoZuo
Tutor: LiuWen
School: Suzhou University
Course: Legal
Keywords: Duty crime Investigation power External Supervision Restriction
CLC: D924.393
Type: Master's thesis
Year: 2013
Downloads: 60
Quote: 0
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Abstract


The characteristics of duty crime, such as intelligence, concealment, groups, lead tothe investigation of duty crime is different from general crime. In our country, thedevelopment history and constitution status of the procuratorial agency and the “onegovernment and two judicial agencies” power structure mode, determine that it islegitimate to endow the procuratorial agency with the investigation power of duty crime.Due to the difference of the power structure mode between our country and the countrieswhich separate their state power into three parts, the mechanism of supervision andrestriction for the duty crime investigation power is also different. Although theinvestigation mode of common law countries is different from civil law countries, both ofthe supervision and restriction mechanisms of duty crime investigation power are basicallyidentical. The new revised criminal procedure law improves the procedural rights of crimesuspects and their defense lawyers, determines the illegal evidence exclusion rules，but atpresent, the external supervision and restriction mechanism of duty crime investigationpower in our country still exists deficiencies, mainly as follows: lack of legislation,backward ways, limited effectiveness and lack of judicial remedy. Because the connotationof supervision and restriction is different, as a result, the external supervision andrestriction mechanism of duty crime investigation power can be divided into two aspects:one is the supervision mechanism, including the supervision from the people’s Congressand its Standing Committee, the party and government organs, the people’s supervisor andthe public opinion；the other is the restriction mechanism, including the restriction fromcriminal suspects, defense lawyers and the court. Only the two aspects fully integrated, theexternal mechanism of supervision and restriction is more reasonable, the effect is moreobvious, so as to achieve the goal of building the system.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Crime of dereliction of duty
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